Terms of Use
Please read the following Terms of Use carefully. TESSERACT MEDICAL RESEARCH® (“TMR”) reserves the right to modify these Terms of Use at any time. Terms of Sale
TMR reserves the right to revise the pricing of its products at any time.
Products are shipped according to the standard methods of shipping in place at the time.
If a shipment is received in damaged condition or does not match an order, then it should be reported promptly to Customer Service.
Product returns should be pre-approved by TMR and received within 14 business days of return authorization.
TMR Practitioner-Customer Resale Policy
TMR has established these resale guidelines for its health-care practitioner customers interested in providing TMR products directly to their patients.
It is essential that practitioners ensure appropriate communication, medical education, and patient care standards during product resale.
Practitioner and Wholesale Customers (referred to in these Terms of Use as “health-care practitioner customers”) who resell TMR products must provide the appropriate Proposition 65 notice to patients in California, and health-care practitioner customers assume all liabilities associated with Proposition 65 notice requirements.
Health-care practitioner customers must abide by TMR’s Minimum Advertised Price (“MAP”) policy, which ensures that no health-care practitioner customer who resells TMR products directly to patients is at a disadvantage due to advertised discounting. Resale of TMR products on Amazon or any third-party site not owned and operated by the practitioner is strictly prohibited and will result in immediate and permanent account termination. This applies to products sourced directly from TMR, as well as to products sourced through distribution channels officially authorized by TMR.
Minimum Advertised Price (MAP) and Resale Policy
Health-care practitioners may resell TMR products when they comply with TMR’s MAP and Resale Policy. Resale of TMR products on Amazon or any third-party site not owned and operated by the health-are practitioner is strictly prohibited and will result in immediate and permanent account termination.
The Minimum Advertised Price is the price for each product in TMR’s then-current Retail Price List.
The Minimum Advertised Price for each TMR product is set exclusively by TMR.
The MAP and Resale Policy applies to every health-care practitioner customer who makes TMR products available to patients in-office or online, including those health-care practitioners who own, operate, or manage clinics and pharmacies.
The MAP and Resale Policy prohibits volume discounting and applies to the advertised price of a TMR product in all media.
Health-care practitioner customers who resell TMR products to patients in California must provide a Proposition 65 notice with products provided to those customers. Health-care practitioner customers assume all liability associated with Proposition 65 notice requirements as part of the TMR Practitioner Resale Policy and as part of their right to resell TMR products.
TMR reserves the right to not sell its products to any practitioner or customer who is affiliated with a practice or website that violates the MAP and Resale Policy.
A violation of the MAP and Resale Policy will result in immediate and permanent termination of a practitioner customer’s account.
If a practitioner is not complying with the MAP policy, then TMR will notify the practitioner of the violation and their account termination.
TESSERACT MEDICAL RESEARCH® Trademarks / Copyright
The TMR logo and the names of various products offered by TMR are trademarks of TESSERACT MEDICAL RESEARCH® , LLC.
A health-care practitioner customer does not have the right to affix any TMR trademark to any product or other material that is not a TMR nutritional supplement product.
A practitioner customer agrees to use the “TM” or “®” trademark symbols as appropriate, when displaying TMR’s trademarked names or products, as an attribution to TMR’s ownership of its trademarks. The use of a TMR trademark does not give a health-care practitioner customer any ownership right, title, or interest, express or implied, in the trademark.
A customer’s use of TMR’s trademarks should be accompanied by a statement that substantially states the following: “TESSERACT MEDICAL RESEARCH® trademarks are used with permission.”
A customer must not use any TMR product name or trademark as part of a URL, primary or secondary level domain name, metatag, key word, or file name.
Except where otherwise indicated, all materials presented on TESSERACT MEDICAL RESEARCH® ’s website are the copyrighted property of TESSERACT MEDICAL RESEARCH®, LLC.
Disease Claims
TESSERACT MEDICAL RESEARCH® does not make any express or implied disease claims regarding the use of TMR products; i.e., that a TMR nutritional supplement product can diagnose, treat, cure, or prevent any disease.
To protect health-care practitioner customers and TESSERACT MEDICAL RESEARCH® from legal liability due to the regulatory requirements of the U.S. Food and Drug Administration and the U.S. Federal Trade Commission regarding disease claims associated with the marketing of TMR products, TMR products cannot be displayed or mentioned within two webpages (clicks) of any disease claim.
TESSERACT MEDICAL RESEARCH® reserves the right to demand a health-care practitioner customer make changes to their website to the extent disease claims are being made about a TMR product that in any manner that would violate regulations implemented by the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, or the regulations implemented by any other federal or state agency.
Violations of Policy
TESSERACT MEDICAL RESEARCH® has implemented a zero-tolerance approach to this policy. Health-care practitioner customers acknowledge that on any breach of any provision of this policy, TMR will terminate the practitioner customer’s account without notice. In addition, health-care practitioner customers acknowledge and agree that actual damages due to a violation of any of the policies, including but not limited to the MAP and Resale Policy, outlined above would be difficult to determine, and therefore the health-care practitioner customer hereby agrees to pay TMR the sum of Ten Thousand Dollars ($10,000) as liquidated damages (the “Liquidated Amount”) for each violation. The Liquidated Amount is not a penalty for breach of this Policy, but instead is an agreed-on sum determined to adequately compensate TMR should a health-care practitioner customer violate the policies herein. If a health-care practitioner customer violates the policies herein, Tesseract will be entitled to injunctive relief, actual damages, and collection of the Liquidated Amount from the health-care practitioner customer, and the health-care practitioner customer agrees that TMR has the right to charge this amount on the health-care practitioner customer’s credit card on file. Health-care practitioner customers acknowledge and agree that such payment of the Liquidated Amount will not waive any other restrictions or obligations contained within any other provision of these Terms of Use. These Terms of Use will be construed under the laws of the State of California, and any litigation related to these Terms of Use will be in the courts of the City of Los Angeles, California.